Reso 6602 DIR-2010-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6602
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING DENIAL OF AN APPEAL OF A DIRECTOR'S
MINOR MODIFICATION ALLOWING A PERSONAL WIRELESS
SERVICE FACILITY ON THE ROOF OF AN EXISTING CHURCH,
CONSISTING OF THREE PANEL ANTENNAS AND THREE MICROWAVE
DISH ANTENNAS SCREENED BY A FAUX CUPOLA AND A BASE EQUIPMENT
ENCLOSURE AT 6191 BOLLINGER ROAD
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an appeal of a
Director's Minor Modification application, file no. DIR-2010-05, as described in Section II of
this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more
public hearings on this matter; and
WHEREAS, the project changes are deemed minor in nature; and
WHEREAS, the faux cupola is compatible with the design of the church, in that the
architectural feature is common and compatible to the overall church design; is not
disproportion in size compared to the church; and uses building materials that are consistent
with the church's building materials; and
WHEREAS, the personal wireless service facility is not located in an inappropriate location,
in that the facility meets federal safety limits for radio frequency energy exposure for onsite
and nearby land uses, such as a school; and that the facility is sited in an appropriate location
and designed in accordance with the City's Wireless Master Plan and Wireless
Communications Facilities Ordinance; and
WHEREAS, the methodology to calculate radio frequency power density is not wrong as it
uses the equation prescribed by the Federal Communications Commission, the agency that
promulgates the rules that regulates radio frequency energy exposure.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the appeal of Director's Minor Modification, file no. DIR2010-05 is
hereby recommended for denial; and
That the subconclusions upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record concerning Application No. DIR-2010-
05 as set forth in the Minutes of the Planning Commission Meeting of July 27, 2010, and are
incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: DIR-2010-05 (appeal)
Applicant: Bradley Head, NSA Wireless for Clearwire
Property Owner: West Valley Presbyterian Church
Location: 6191 Bollinger Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Director's Minor Modification Approval Memorandum, file no. DIR-2010-05 with
attachments A through D dated May 27, 2010.
2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant to
Government Code Section 66020(d) (1), these Conditions constitute written notice of a
statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby further notified that the 90-day
approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail
to file a protest within this 90-day period complying with all of the requirements of
Section 66020, you will be legally barred from later challenging such exactions.
3. ABANDONMENT
If after installation, the aerial is not used for its permitted purpose for a continuous
period of 18 months, said antennae and associated facilities shall be removed. The
applicant shall bear the entire cost of demolition and removal.
4. EXPIRATION DATE
This Director's Minor Modification shall expire ten (10) years after the effective date of
the permit. The applicant may apply for a renewal of the minor modification at which
time the Director of Community Development may review the state of wireless
2
communication and camouflage technologies to determine if the visual impact of the
personal wireless facility can be reduced.
5. POST-CONSTRUCTION RADIO FREQUENCY ENERGY EXPOSURE TESTING
Prior to the commercial operation of this facility, the applicant shall submit a field test
report on the radio frequency energy emissions to the Director of Community
Development confirming that public exposures to generated radio frequency energy
(measured at full power) complies with federal safety standards at ground level and
nearest residential property line (measured at second floor level).
6. DISCLOSURE OF PRESENCE OF PERSONAL WIRELESS SERVICE FACILITY
Upon construction of the project, the property owner shall disclose the presence of
personal wireless service facility to users and expected users of the school operations
and provide a copy of such notice to the Director of Community Development.
PASSED AND ADOPTED this 27th day of July 2010, at a Regular Meeting of the Planning
Commission of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Brophy,Vice Chair Lee, Kaneda, Miller
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Giefer
ATTEST: APPROVED:
; .
�,� � ���
Aarti Shrivastava Paul Brophy, C;h ir
Director of Community Development Cupertino Plan�ii g C ission
�..
g:/planning/pdreport/res/2010/DIR-2010-05 res APPEAL.doc
3